Terms of service

TERMS OF SERVICE

SECTION 0 - OVERVIEW

This website and online store are operated by Karbo Grill LLC ("Karbo Grill", "we", "us", "our"). Throughout the site, the terms "we", "us" and "our" refer to Karbo Grill. We provide this website and all related information, tools, products, services and features (the "Services") on the condition that you accept these Terms of Service (the "Terms") and our Privacy Policy [LINK].

By accessing or using the Services, including visiting our site or purchasing from our store, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.

Our store is hosted on Shopify, which provides the online commerce platform that allows us to sell our products and Services to you.

Please read these Terms carefully. They contain important information about your rights and obligations, including warranty disclaimers, limitations of liability, and your responsibilities.

SECTION 1 - ACCESS, ELIGIBILITY AND ACCOUNT

By using the Services, you represent and warrant that:

1. You are at least the age of majority in your place of residence.
2. You have legal capacity to enter into a binding contract.
3. If you allow any minor dependents to use the Services from devices you own or control, you do so at your own responsibility.

To place an order or use certain features, you may be required to create an account and provide accurate, current and complete information, including contact, payment and shipping details. You agree to keep this information updated.

You are solely responsible for safeguarding your account credentials, for all activity under your account, and for any loss or damage resulting from unauthorized use of your credentials. You may not assign, sell, license or otherwise transfer your account to any other person.

We may refuse account creation, suspend accounts, or terminate access at our discretion where we believe these Terms have been or may be violated.

SECTION 2 - PRODUCT INFORMATION

We try to present our products as accurately as possible. However:

1. Actual colors, finishes and details may differ from how they appear on your device due to screen settings, lighting, or other technical factors.
2. We do not warrant that any product description, image or other content is error free, complete, reliable, current or free from minor variations.

All product descriptions, specifications and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit quantities to any person, household or geographic region.

We do not guarantee that the quality or appearance of any products or Services will meet your personal expectations.

SECTION 3 - ORDERS AND ACCEPTANCE

When you place an order through our store, you make an offer to purchase the products in your cart under these Terms.

1. We may accept or reject any order at our sole discretion, even after you receive an order confirmation, for example in cases of stock issues, pricing errors, suspected fraud, or regulatory concerns.
2. Your order is not accepted until we process your payment and send a final shipment or acceptance confirmation.
3. We may cancel all or part of any order and will attempt to notify you using the contact details you provided at checkout.

You agree to review your order carefully before submitting it since cancellation or modification may not be possible once an order is accepted or processed.

Unless otherwise stated in writing, all purchases are for personal and household use only, and not for resale or export.

All returns, exchanges and refunds are governed solely by our Refund Policy [LINK], which is incorporated into these Terms.

SECTION 4 - PRICES, TAXES AND BILLING

All prices are shown in the currency indicated in the store and are subject to change without notice. The price applicable to your order is the price displayed at checkout at the time your order is placed, plus any applicable taxes, shipping, handling, customs or import fees, unless expressly stated otherwise.

Prices offered online may differ from prices offered in any other channel or by third parties.

By submitting payment information, you represent and warrant that:

1. The information is true, accurate and complete.
2. You are authorized to use the payment method.
3. Your payment method will cover the charges incurred.
4. You will pay all amounts due, including applicable taxes and fees.

We reserve the right to refuse or cancel any order, or place limits on orders that appear related to dealers, resellers or distributors, as determined in our sole judgment.

SECTION 5 - SHIPPING, DELIVERY AND RISK OF LOSS

Shipping and delivery dates are estimates only and are not guaranteed. Actual delivery times may vary due to carrier delays, customs processes, local conditions and events beyond our control.

Once we hand products to the carrier:

1. Title to the products, where permitted by law, passes to you.
2. Risk of loss or damage passes to you.

We are not responsible for:

Delays, loss or damage caused by carriers or customs.
Delays resulting from inaccurate or incomplete shipping information provided by you.

Your remedies in case of loss or damage in transit are limited to those offered by the carrier or by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS

All content and materials on or provided through the Services, including but not limited to text, graphics, logos, icons, images, video, audio, product designs, software and the arrangement of these elements, are owned by Karbo Grill, its affiliates or its licensors and are protected by intellectual property laws.

You are granted a limited, non exclusive, revocable license to access and use the Services for your personal, non commercial use only.

You must not:

Copy, reproduce, modify, adapt, create derivative works of, publish, display, distribute, transmit or exploit any content from the Services without our prior written permission.
Remove or alter any copyright, trademark or other proprietary notices.

All Karbo Grill names, logos, product names and design marks are trademarks of Karbo Grill or its affiliates. Shopify names and logos are trademarks of Shopify. Other names and logos belong to their respective owners. You may not use any trademark without the prior written consent of the relevant owner.

All rights not expressly granted in these Terms are reserved.

SECTION 7 - OPTIONAL TOOLS AND THIRD PARTY SERVICES

We may provide you access to third party tools or functionality that we do not control. These tools and services are provided "as is" and "as available" without any warranties, representations or conditions and without endorsement.

Your use of third party tools is entirely at your own risk and subject to the terms and policies of such third parties.

We are not liable for any harm, loss or damages arising from or relating to your use of third party tools, services or websites.

We may introduce new features, tools or services in the future. Unless stated otherwise, such additions are also subject to these Terms.

SECTION 8 - THIRD PARTY LINKS AND CONTENT

The Services may contain links to third party websites or display content from third parties. These are provided for convenience only.

We do not control and are not responsible for:

The content, accuracy, policies or practices of third party sites.
Any products, services or materials offered by third parties.

Accessing any third party site is at your own risk. You should review the applicable terms and privacy policies of any third party site before engaging in any transaction.

Any complaints or claims regarding third party products or services must be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is hosted by Shopify. Shopify provides the technical platform that enables our store, but is not a party to any transaction between you and Karbo Grill.

By using the Services, you acknowledge and agree that:

All purchases are made directly from Karbo Grill.
Shopify is not responsible for any product, service, damage, loss or claim related to your transactions with Karbo Grill.

You expressly release Shopify and its affiliates from any liability arising from your use of our store and your dealings with Karbo Grill.

SECTION 10 - PRIVACY AND PERSONAL INFORMATION

Your submission of personal information through the store is governed by:

Our Privacy Policy [LINK].
Shopify’s privacy practices, given that Shopify hosts our store.

Because the Services are hosted and supported by Shopify, certain data about your use of the Services may be processed by Shopify and partners in other countries, subject to their legal obligations and policies.

By using the Services, you acknowledge that you have read our Privacy Policy and consent to the processing of your data as described there.

SECTION 11 - FEEDBACK, REVIEWS AND SUBMISSIONS

If you send us any ideas, suggestions, reviews, images, proposals or other content (collectively, "Feedback"), you grant Karbo Grill a worldwide, perpetual, irrevocable, royalty free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Feedback in any media, for any purpose, including commercial purposes.

You represent and warrant that:

1. You own or control all rights to the Feedback.
2. The Feedback does not violate any laws or third party rights.
3. Any compensation or incentive received in connection with Feedback has been properly disclosed where required.

We may, but have no obligation to, monitor, edit or remove Feedback at our discretion.

You are solely responsible for your Feedback and any consequences arising from it. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, shipping, promotions or availability.

We reserve the right, at any time and without prior notice, to:

Correct any errors or omissions.
Change or update information.
Cancel orders if any information is inaccurate, including after you have submitted your order.

Where required by law, we will provide a refund or other remedy as applicable.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes and in compliance with these Terms.

You agree not to:

1. Use the Services for any unlawful, fraudulent or malicious activity.
2. Violate any applicable law or regulation.
3. Infringe our intellectual property rights or those of others.
4. Harass, threaten, defame, abuse or harm any person or entity.
5. Submit false, misleading or fraudulent information.
6. Upload or transmit viruses, malware or any harmful code.
7. Attempt to gain unauthorized access to any part of the Services, accounts or systems.
8. Use any automated system to access, scrape or monitor the Services without our prior written consent.
9. Interfere with or disrupt the operation or security of the Services.

We reserve the right to suspend or terminate your access if we believe, in our sole discretion, that you have engaged in any prohibited use.

SECTION 14 - TERMINATION AND SUSPENSION

We may, at any time and without prior notice:

Limit, suspend or terminate your access to all or part of the Services.
Cancel orders or refuse future orders.

This may occur if we believe you have violated these Terms, engaged in fraud or abuse, or caused risk or possible legal exposure for us.

You remain responsible for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination, including intellectual property provisions, warranty disclaimers, limitations of liability and indemnification, will continue to apply after termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law:

1. The Services and all products provided through the Services are offered "as is" and "as available".
2. We do not make any representation or warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title or non infringement.
3. We do not guarantee that the Services will be uninterrupted, timely, secure, error free, or that any defects will be corrected.
4. Any reliance on materials or information on the Services is at your own risk.

Certain jurisdictions do not allow limitations on implied warranties. In those places, some of the above limitations may not apply, and you may have additional rights that cannot be excluded.

SECTION 16 - LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

To the fullest extent permitted by law:

1. Karbo Grill, its directors, officers, employees, affiliates, agents, partners, licensors and service providers will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages. This includes loss of profits, revenue, savings, data or business opportunities, even if we have been advised of the possibility of such damages.

2. Our total aggregate liability for any claim arising out of or relating to the Services or any product will not exceed the greater of:

The amount you actually paid to us for the product or Service that gave rise to the claim, or
One hundred United States dollars.

3. Your sole and exclusive remedy for any dissatisfaction with the Services or products is to stop using the Services and, where applicable, request a refund in accordance with our Refund Policy.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the limitations will apply to the maximum extent permitted by applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Karbo Grill, Shopify, and their affiliates, officers, directors, employees, agents, contractors and licensors from any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys fees, arising from:

1. Your breach of these Terms or any incorporated policy.
2. Your violation of any law or the rights of any third party.
3. Your use of the Services or products.

We may assume control of the defense of any matter subject to indemnification. In that case you agree to cooperate with us, including by providing relevant documents and information.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law. The unenforceable part will be deemed severed from these Terms, and the remaining provisions will remain in full force and effect.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

Any failure by us to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with our policies posted on the site, constitute the entire agreement between you and Karbo Grill regarding the Services and supersede any prior agreements or understandings.

Any ambiguity in these Terms will not be interpreted against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent will be void.

We may assign, transfer or delegate our rights and obligations under these Terms at any time without notice.

SECTION 21 - GOVERNING LAW AND DISPUTES

These Terms and any dispute or claim arising out of or related to your use of the Services or products will be governed by and construed in accordance with the laws of the jurisdiction in which Karbo Grill LLC is registered, without regard to conflict of law rules.

Where permitted by law:

1. You agree that any dispute or claim will be brought only in the courts located in that jurisdiction.
2. You consent to the personal jurisdiction of such courts.
3. You agree that any claim must be brought on an individual basis. To the extent allowed by law, you waive any right to participate in a class, collective or representative action against us.

If you are a consumer and mandatory local consumer protection laws give you additional rights, those rights are not limited by this section.

SECTION 22 - HEADINGS

Section titles and headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We may update, modify or replace any part of these Terms at any time by posting the revised version on this page, and where required by law, by providing notice.

Your continued use of the Services after any changes are posted constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.